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In Texas and in Austin if you’re stopped for suspicion of driving while intoxicated, the officer is going to ask you to step out of your vehicle and then he is going to ask you to perform a series of tests. Now what most people don’t know is you can decline to take these tests. So you want to refuse these tests politely say something to the nature of sorry, officer, but I don’t want to take these tests. They’re going to have less evidence to try to prove that you were intoxicated when you were stopped. By declining the tests, the officer is going to arrest you but if you did the tests, the officer is going to arrest you anyway. If he believes that you’re intoxicated he’s going to arrest you and he’s going to use that to justify your arrest even without the field sobriety test that have been done.

So as far as your loss of license and other things that come with it, there is no impact on that from refusing to take the standardized field sobriety test itself. What that comes from is a refusal to give a breath or blood sample.

It’s important you find an attorney that knows what they’re doing that knows the DWI laws and the cases and what to look for when they’re fighting your case.


At Stephen T Bowling, Austin DWI Lawyer, we understand a DWI conviction is costly professionally and fiscally. Call today to schedule a free consultation.

Proven Defense by a Former Law Enforcement Officer

Many people who are charged with an Austin DWI just assume there is no way to fight it. They think the best they can hope for is a smaller fine or a reduction in the amount of time they lose their license. We focus on defending anyone accused of a DWI. With the right legal counsel, there are other outcomes. Depending on the facts of the case, what if

  • Instead of months of suspension, you don’t lose your license at all?
  • Instead of making a deal for probation, you never get convicted?
  • Instead of having a DWI conviction, your record stays clean?
  • Instead of cutting bad deals, you get a vigorous DWI defense?

While every case depends on the facts and circumstances at play, mounting an aggressive defense to DWI charges may be your best option. The Austin Criminal Defense attorneys at Stephen T Bowling, P.C., handle all drunk driving cases, defending clients in both the criminal proceedings and driver’s license hearings.

Don’t trust just anyone with your DWI defense. Contact the law firm of Stephen T Bowling, PC, by e-mail or call us at 512-599-9000 to schedule your free consultation with an Austin DWI lawyer to discover some strategies we pursue in defending Austin Driving While Intoxicated cases.

We offer payment plans and accept major credit cards, including Visa, MasterCard, and Discover.

DWI Case Factors

What is Intoxicated?
What is “operating” a motor vehicle?
What is a “Public Place”?
Drugged Driving
DWI Penalties
DWI with a Child under 15
DWI with a BAC over 0.15
DWI with Open Container
14 day Driver’s License Requirement

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